The San Francisco Call. Newspaper, March 20, 1902, Page 5

THE SAN FRANCISCO CALL, THURSDAY, MARCH 20, 1902. (] FAIR CHILDREN WIN BATTLE o FOR MANY MILLIONS OF DOLLARS Supreme Court Decrees That Multi-Millionaire James G. Fair’'s Will Is Wholly Void and That His Enormous Wealth Is the Possession h It as Suits Their Pleasure of His Heirs, Mrs Herman OELRICHS Who May Do Wit S e 3 terday. The executors contended - that even though part of the trust clause was alid, that did not affect the other part. 'he heirs held that the testator's inten-| tion as to the personal property was so interwoven with this plan for the disposi- tiomyof the reaity that when one was de- clared vold the other must also fall. On this line of argument the court says: Of course the general rule is well settled that there are valid and invalid clauses in a will. The question whether the valid clauses can stand depends upon whether or not the invalid cnes are %o interwoven with them that they cannot be eliminated without interferinz h and anging the main scheme of the testator. eis Court has annulled James Fair, part His to control tion his enormous ve has utterly a score of California | ceeded in defeating | the dead multi-million- children, Charles, The- | and Virginia Fair Vander- | with the $18.- is—“said “to be lan )OS thr property has been in e the death of James G. dead had hardly been living commenced left behind. Fa! trust his fortune to er will he made prov: n divide the income during ir natural lives. When hey s e principal was to go to . ren of the two . Any off- Fair was cut out of the “disposition of the property e of the relatives who we: was begun © en tried to get a | and fafled. The Su- a2 year ago declared that the was invalid in so far as the ed. The capital- s the realty to ot e heads of his son was found to be illegal. same tribunal decided t - a disposition of the personal prop- erty would zlso be fllegal James Thomas Carothers and m oodfellow were named by the executors of h ees of the property the; a rich income. Naturall want to hand the contrpl c over to the heirs, They hav rd fight to have the will d | clared valid by the courts. > i against each other. | and here also the sick will come. - CHILDRE? N OF THE LATE JAMES G. | STRICTED POSSESSION OF A ¥ ORTUN BE APPROXIMATELY EIGHTE EN MILLION FAIR, WHO COME INTO UNRE- WHICH IS ESTIMATED TO DOLLARS. They failed irst as to the realty and now as to the onalty. 2 Quotes the First Opinion. 1 Yesterday's decision follows out in 1its | line of argument that of a year ago. The language of the first opinion is _quoted wholesale in the one handed down ye; POSTUM CEREAL. “Heap Medicine Man” And a Sure Loser. t's no use, old man vou can keep on ng them. one after the other, but same old, haunted look in your eves, the same lantern jaw, and clothes that meed a bicycle pump con- tinue until you quit coffee There are hundreds of thousands of vour type, sick and miserable nalf their es, taking cathartic . pills, stomach emedies, blood purifiers, tonics and an dless string of remedi ne of h might be beneficial if you were not ¢ tantly pouring in a poison that keeps up your trouble, and that poison You say, “1 ought to be able to drink coffee becanse I see others that use it and thrive,” bu. my dear man, Your make-up may be so highly organized, r of such a character, that coffee, even small cup a day, is an -absolute poison to you. You can prove whether or not it is by leaving off coffee totally for a pe- riod of. ten days or a month. Dur- ing thiz time eat plain food and drink Postum Food Coffee. I your stomach graduaily b2gins to recover, pulse beats right, and you lose | the u feeling of il health, you | can conclude that coffee has been 2 poison to you, and if you want | a one asy safely to do things this world—make | money, be a success, round out your | bedy and win friends by your good na- | ture and heaithfulness—you want to throw over vour coffec and take in re- turn all these good things. It's just eense. plain, good, common sense. Underneath all this are reasons «f the most scientific character known to | easily done. There Ae Many. the physicians and chemists. In a nut- shell, coffee is a poison to many peopie. Take it away and introduce Postum Food Coffee, which is a liquid food of high character that at once begins re- building the destroyed nerve centers. These are facts, facts, facts, and they mean health conferred and continued | 1f one will only wake up and take ad- vantage of them. Remember Postum is a delicious beverage if made strictly according to directions, and that !s Don’t take any cook’s excuse or staternent that she followed directigns. If your Postum comes to the table weak and unpalatable, you can depend upon it the cook has slight- ed the job. It is the easiest sort of a proposition to make good Postum. It only needs attention. Put a piece of butter twice the size of a pea in the pot to prevent boiling over. All first- class grocers sell Postum. | rected to give the three children the net =2 It is evident, therefore, that the court in- tended to decide, and did decide (in the pre- vious decision) that the invalid trust defeated the whole scheme of the testator and left standing ' no otherwise valid provisions which | were mnot inseparably interwoven with those which were invalid. = The declsion, it is true, did not expressly mention the personal prop- erty because it happened that the decree of | distribution there appealed from dealt only with the real property; but it would as clearly have swept away the claims of the trustees to the personality if that had been in the way, as il did their claims to the life estate. In- deed, the decision applies with even more fores to the personal property than to the life estate. In the will there is no distinction between the realty and the personaity. They are both untied in one Inseparable trust. Reviews Provisions of Will. The court then reviews the provisions of the will. The trustees were given au-| thority to improve the real property with the personal. They could sell real estate | or thev could buy real estate with the| personal property. The trustees were di- income. That could be either large or small, as suited their tastes. It was in- tended that the children should never get the corpus of the estate. When they should die the fortune was to go to their children, except those of Charles. The court then says in closing: Under these_conditions to hold that the tes- tator, if he had known that his attempted disposition of the realty was invalid and that, upon his death, his vast amount of real prop- erty, worth many millions of dollars, would go immediately in fee simple to his children and would have given to them also the income of his personal property would be ‘to indulge In a most impossible supposition and to vio- late the settled law on that subject. ree there are cases, some of which are ; appellants, where provisions about personalty in .a trust have been enforced while provisions in the same trust about realty were held to be invalid, but they wers cases + '+ * where it was said “‘The test is whether the upholding of one part and the rejection of another will defeat the presumed wishes of the testator and * * * Shere * ® % it ig possible to cut out the invalld provisions so as to leave intact the parts that are valid and to preserve the general plan of the testator. The opinion is written by Justice Mc- Farland. Tt is very brief. The argu- ments of the attorneys for the executors are given little consideration. The deci- sion is practically affirming the position of the court on the case which Involved the real property. When the realty de- cision was handed down it was thought among the attorneys in general that the heirs would get control of the whole for- tune. The executors could not of course relinquish their claims on the personalty without a fight. Two Justices Dissent. Justices Henshaw, Garoutte and’ Van Dyke concur directly with Justice McFar- land. Chief Justice Beatty and Justice Harrison dissent. Justice Temple did not participate in the decision.- In the previ- ous decision the members of tue court | tember 21, | commenced ‘ten days later. ! mere remembrance. | the Supreme Court from Judge Troutt's | the result of the | the past. held exactly the same positions except that Justice Temple was .ined v~ with the dissenters. Judge Troutt decided both of the cases in the Superior Court, and both of his de- cisions have been fully affirmed by the higher tribunal. The Fair heirs have been represented throughout the later lit- l!a%‘on by Attorneys Knight and Heg- gerty. James G. Fair's immense wealth h: been to all inte and purposes finally disposed of, The children plan to expend a large amount of money in improving PRETTY CHAPEL 13 DEDIGATED Archbishop Riordan Offi- ' ciates at Ceremony in Stockton. Urges Hearers to Guide the Little Children and Care for the Aged. Special Dispatch to The Call. March STOCKTON, 19.—The pretty cnapel at St. Joseph's Home was dedi- cated to-day. Archbishop Riordan preached the dedicatory sermon and Bishop Montgomery of Los Angeles was among the distinguished visitors. Other Catholic clergymen present were Father Guerin of Sonora and Father Gay of Fresno, who acted as deacons in the cere- monial; Father Garvey, Father Maguire of San Jose, Father Riordan of Berkeley, Father McCue of Bockeford, Father Nevin of Oakdale, Father Lacey and Father O’Connor. The chapel—as beautiful a little temple as there is in the interior of the State— was prettily decorated . with callas and smilax. About the altar, which is of the finest marble, burned dozens - of candles. The edifice is by no means small, yet it was entirely inadequate for the numbers who crowded = within its v witness the ceremonies. “i"‘g.iht:r O'Connoy of St. Mary’'s Church in this. city celebrated a solemn high nass as a_commencement {o the services. Father Garvey, also of St. Mery's Courch, was master of ceremonies, and the choir of St. Mary's rendered special music, 1n teginning his sermon Archbishop Riordan congratulated the Catholic peo- ple of Stockton on the completion of the chapel. He especially congratulated Ma- jor J. D. Peters, Miss Juha Weber and Mrs, Laogier, who have labored most diligently for the erection of the edifice. ‘Phe speaker said that humanity had two great works of charity to perform. The nrst was the looking after little ehilgren, preparing and _strengthening ° them against the vicissitudes of life; second, the caring for tne old, the preparing of tnelr souls for eternity. Archbishop Riordan sald that the time would never come when there would be no poor. He added: 5| The valleys have no more right té cry out against the mountalns than we have o cry out Anything is a curse that leads man away from God's commandments. Poverty would be a curse if it were ot ac- cepted with resignation. By the sweat of thy brow shalt thou earn thy bread, is a funda- mental law and cannot be set aside without vio- lating the law of the Almighty. Blessed are the poor in spirit for they shall see God. ere is too much bitterness felt to-day by the poor. There is too much bitter- ness felt by those who have not against those who have. Blessed are those souls who are not so_entirely wrapped up in this world's things. Resignation and submission and & reeling that what we have is best for us, that where we are is the place we should bé—when we have these then shall we commence to see the ladder leading up to heaven. Of all the classes who have a claim on our sympathy the greatest are those whose tottering footsteps to eternity are unsupported by relatives. They wiil come here Here while they are gaining back health 1 charge you to sow in their hearts the seeds of virtue, The Archbishop in closing charged the congregaticn_to_continue the work it had begun so well. .. L e e ol city property, and it is expected that San Francisco will be greatly benefited taere- by. Their real estate holdings within the city and county are great and the value of them is constantly increasing. Nobody knows what the estate is worth. It was at one time appraised to have a value of $15,000,000. It is estimated now to be worth somewhere near $18,000,000. The personal property is supposed to be worth .about 000,000. Most of it is in edged bonds James G. Fair wrote his will on Sep- 1894, He dled December 25, 1894 The will was filed next morning by Attorney Pierson, who had drawn it up. William 8. Goodfellow thought he had the genuine will in a safe in Vancouver, B. C. This little difficulty was adjusted satisfactorily in a short time. Litigation has con- tinued until the present time and in fact there areja few minor matters which yet remain to be decided. Craven Specter About Laid. The Craven specter still haunts the courts, but is gradually dissolving into -a An appeal is before | and stocks. order denying a new trial in the “pencil | deeds™. case. There is also an appeal from the lower court's order denying Mrs. Craven a family allowance. Her cause seems practically a lost one. Mrs. Craven has spent money to avail. The executors are disappointed at litigation. The Fair children have spent nearly $2,000,000 in gaining their rights. But there are people who have reaped rich benefits. They are the lawyers. It is no wonder that they sigh mournfully that litigation over the Fair will is a thing of Judge Paterson is said to have gathered in about $10.000. Judge Hayne went his way with $25,000. James H. Budd got a snug little fortune of $100,000. The | executors have to be content with only a mere vittance of $115.000. Attorney Gar- ret McEnerney received as a reward for his services the sum of $135.000. The law firm of Pierson, Mitchell & Carothers was turned away with $270,000. The firm of Lloyd & Wood got approximately $1,000.- 000, but out of this sum they have to pay good round fees to Bishop & Wheeler, Judge Garber and Wilson & Wilson. Knight & Heggerty will get about $300,000, which will help relieve them from many | of the anxious cares of the unsympathetic world. ADVERTISEMENTS. 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Miss Lou Ketchum, 1155 Bass Awve. efficacy. , Memphis, Penn., writes: Paruna brought me hearth and strength, and | firmly believe in its ! had la grippe last wintar and suffered for sevaral weeks without obtaining relief until | took Peruna. me-complstely, but it left my system in a fine condition, and | tee/ better than | have for years. You havs a host of friends in Memphis.” . Three bottles not only cured MISS LOU KETCHUM. o Hon. James R. Guill is one of the old- est and most esteemed men of Omaha, Neb., coming te that city in its early days when it little dreamed of being a metropolis. He has done much-to make it what it is, serving on public boards a number of times. | _A recent letter, written by him to The | Peruna Medicine Co.. of Columbus, O., indorsing their remedy, Peruna, for ca- tarrh, consequently carries with it con- siderable welght and importance. The following is his letter: Omaha, Neb.. January 25, 1900. The Peruna Medicine Co., Columbus, Ohio: 7 Gantleman—*“] am 68 years old, am hale and hearty, and Peruna has | helped me attain it. Two years ago ! had la_grippe—my life was de- spaired of. Peruna saved me.”” J. R. GUILL. Without raising the discussion as to whether la grippe Is produced by a specific microbe or not,; at least this much is certain and admitted by all, that it will produce chronic catarrh if not promptly and properly cured. It leaves a person haggard, weak, sallow, frazzled- i + out, mucous membranes all congested, ap- petite changeable, digestion capricious, and just about empties life of all meaning or desirability. There is no remedy in the world that meets the conditions produced by la grippe better than the remedy, Peruna. or cathartic, or sedative, or stimulant, nor a vegetable or mineral poisen. It reaches the source of all diseases of the mucous membranes by its action on the vaso-motor system of nerves. Every person who has had la grippe during the last year should take a courss of Peruna. No one need expect perfect recovery unless they do so. The grip has produced catarrhal inflammation of the whole mucous membranes, and good health is Impossible until ‘these are re- stored to a normal condition. This Pe- runa will do. . A great many remedles have been suggested for this condition from time to time, but Peruna appears to be the only remedy that has any sub- stantial value in these cases. It has stood the test of forty years' experience and still occupies the unique position of Nbeing the leading (if not the only) spe- cific remedy for the after-effects of la srippe. £ Among the many prominent people who Peruna strengthens as it _renovates, soothes while it stimulates, heals as it | expurgate: Peruna is not a purgative, OF LA GRIPPL. have been cured of the after-effects of 8Tip are the following: Congressman Howard of Alabama says: ““l hava taken Peruna for the grip and recemmend it as an excel- lent remady to ail fallow suffarers.”” —M. W. Howard, Congressman from Alabama. Congressman White of North Caro- lina says: *‘l find Peruna io be an excellont remedy for the grip. | have used itin my family and they all join m3 in recommsnding it."" — George H. White, Congrassman from North Carolina. Mrs. Harriet A. S. Marsh, Prasident of the Woman’s Benevolent Associa- tion of Chicago, writes: *“I sufferad with grip seven waeks. Nothing helpad ma. Tried Peruna and within three weeks | was fully restored. Shall naver be without it again.”” The following letter was received from Mrs. M. Wright, Secretary Good Temp= lars Lodge No. 47, and Lady of the Mac- cabees: %14 Fillmore st., N. E., Minneapolis, Minn. “I suffered this winter with an attack of la grippe and having heard of Peruna in such cases I decided to try it. I am still using Peruna and find that it helps me greatly. “I have influenced several friends af- flicted with chronic catarrh to take Pe- runa and they all show wonderful im- provement. I believe it to be the best medicine pefore the public.” MRS. M. WRIGHT. il Mrs. Wright. At the appearance of the first symp- | toms of grip people should stay indoors and take Peruna in small doses (tea- spoonful every hour) until the symp- toms disappear. This will prevent a long, disastrous sickness and perhaps fatal results. If you do not derive prompt and satis- factory results from the use of Peruna, write at once to Dr. Hartman, giving & full statement of your case and he will be pleased to give you his valuable ad- vice zratis. Peruna is the acknowledged catarrh remedy of the age. Dr. Hartman, the compounder of Peruna, has written a book on the phases of catarrh peculiar to women, entitled “Health and Beauty.” jie e be sent free to any address The Peruna Medigine C M. v olumbus, O. RAILWAY TRAVEL. Solid Comfort Speed Safety Scenery ackawanna Railroad CHICAGO TO NEW YORK Three Trains Daily Enquire of your nearest Railroad Ticket Agent or write GEO. A. CULLEN Gen'l Western Pass’r Agent 103 Adams Street, Chicago SOUTHERN PACIFIOQ. lenve nad are dus to norive as NAN FIRANC (Main Line, Foot of A: Street.) Frow FEBRUARY §, 1903, — LEAVE ARnIvVE 004 Benica, Suisun, Elmirs and Saora. mento. ... . 31004 Vacaville, Wicters, Rumeey. 31304 Martines, Ssu amou, Valleio, Napm, salintoga and Nlnn\i Rosa. Wiliiams ftor fllows, Red 04 Shasta Exoress et oeings iacramento, Muryaville, Chico, Red B B04 Oakdale, Chiness,8onora, Tuolumne Huyward, Nilesaud Way Statious. res :304 Vallclo, 10:00A T} Martinez and Way Statlcas Orerlsud Limited—Ogden, Des- m 11:008 Sncramento liver 8; i 8:00¢ Benlcla, Winters, Sacramen { Woodiand, - Kuights Landivg, Maryaviile, Orov | 2:307 Haywazd, Niles and 400y Martl Han 1 nors. Nopa, ¢ 41007 Niles, Livermore. Stockton, sanr Hayward. Niles, Sayy Jose, Livermore 18:33 807 The Owul Limited L Fresno, Tulare, for Sauts Bar- e, Ano. Maryaville, Rediding, & Bouod and East Conta, ALY )(m.u r Newnrk, : Almaden, Felton, d\;‘l“\’/"‘ Sania Uiz and Trinipal Waj Stations . . 41157 Nowark, tau doss, T.on Galos. #9307 Hunters' Train—San Jote aad Way Stations. 17.200 NORTH PAGIFIC GOAST RAILROAD, Vla Sausalito Ferry Commencing September 29, 1901. SAN FRANCISCO TO MILL VALLEY . AND SAN RAFAEL. FROM 7 11:00 a. m.,’ , 4:15, 5:15, *6:18, 6:45 p. m. RIPS—For Mill Valley and San ndays, Wednesdays and Saturdays at 9:80 and 11:40 p. m. SUNDAY—"8:00, *10: 3:15, *4:45, : Trains 00, *11:30 a. m., *1:15, 6:30, 9:30 p. marked (*) run L TO, . m. *10:00, *11:45 a. m., *1:40, *3: 3 . m. ‘rain: ‘ked (*) start from San Quentl; FROM MILL VALLEY TO SAN FRANCISCO. WEEK DAYS—5:45, 7:55, 8:85, 10:30 S—5: 12:85, 2:4, 3:50, 5:10 p. m. ‘TRIPS on Mondays, Wednesdays EXTRA A days at 7:10 and 10:35 p, m, SSUNDAYS £06, 10:05 o m.," 1505, 2its, 8:30, 5:00. 0o ROUGH TRAINS. 6:65 a m. week days—Cazadero and way stations. 445 p. m. Saturdays—Duncan Mtlls and way stations. 400 5. m. Sundays—Duncan Mills and way stations. Legal Holiday boats and trains will run on Supday time. | HFOUNT TAMALPAIS RAILWAY “Teave | Via Sausalito Ferry | _ Amrive Foot of Market St. | San Fran. |42 Wrek Darsouty. :55 P Fare, San Frasseo to Summit xnd Roturs, §1.90. Taket Offices, €21 MARKET STREST aad BAUSALITO FERRTL. OAKLAND HARBOR FERRY. mgs:n mll;;lseofirm of Market :um (Slip §— 1 00 B:4Br. OXELA of Braad way,—14:00 18: 10:00k.4. - '12:00 2.00 4:00 COAST LINE (Broad Giangs), (Third and Townsend Sts.) A Ban Jose and Way Stations. 7:004 Ran Jose wiid Way Stations. A Now Aluaden. 8:004 C 0 principal #1004 Han Jore, Tres Pinos. Sunta ¢ Pacific (itove, alinss. San Luis 2bhollnl Principal iutermediate it 10:304 SBan Jeoc aud Way Stations.. A Han Jose and Way Sintions » San Mateo, ltedwood, Menlo Park, Palo Alto, Santa Clara, San J Tros ta 85002 San Jose, Los Gatos and Principal ‘Way Stal ‘ay Stations.. 8180r San Jose and Priveipal Way Stations cans — fan Luls bispo, Sants Barbars, Los An- es, D ming, El Paso, New Or- and East Dr. Gibbon’s Dispensary, 629 EEARNY ST. Established e thers fail, Try him. Chi low. Caron graranteed. Cail of write « San Franclsce, Cale RAILWAY TRAVEL ~ Trains—pany. Market-street Ferry Depot. | Local | Lim'd | 1] 3 | Daily | Daily Fa| Local | Dally | Datly Lv. San Fran| 7:20a) 9:00a Ar. Stockton. {10718 a(11:45 - -2zl 1 32| 3 3i3 D Bakersfld.| 6:15 p Kan. City. | | * Chicago... : a for morning, p for afternoon, 9:00 a, m. train is the California Lim- ited, carrying Palace Sleeping Cars and Dining Cars through to Chicago. Chair Car runs to Bakersfleld for accommodation of local _first-cla: | | | passengers. No second- 13 class tickets are honored on_this train. Cor- 1] responding train arrives at 7:05 a. m._daily. |} 4:20 p. m. is Stockton, Merced and Fresno | | local. "Correspqpding train asrives at 12:30 |} p. m. daily. i . m, is the Overland Express. with {| through Palace and Tourist Sieepers and || Free Reclining Chair Cars to Chicago: also | | Balace Sieeper, which cuts out at Fresno. || Corresponding “train arrives at 6:00 p. m. daily. a. m. is Bakersfleld Local, stopping {] at all points in San Joaquin Valley. Cor~ | | responding train arrives at 8:40 a. m. daily. Offices—641 Market street and In Ferry Depot, San Francisco; 1112 Broadway. Oaklane | CALIFORNIA NORTHWESTERN RY. €0. LESSEES SAN FRANGISCO AND NORTA PACIFIG RAILWAY COMPANY. Tiburon Ferry, Foot of Market St. San Francisco to San Rafael. 9:00, 11:00 a. m.; 13:35, :30, 5:10., p m. Thursdays—Extra trip at 11:30 p. m. Saturdays—Extra trips, at 1:30 and 11:30 p. m. SUNDAYS—$:00, 9:30, 11:00 a. m.; 1:30, | 5:00; 6:20 p. m. £an Rafael to San Francisco. WEEK DAYS—6:10, 7:30, 0:20, 11:10 a. m.} 12:45, 3:40, 5:15 p. m. Saturdays—Extra trips at 1:35 and 8:35 p. m. DAY 0, 9:40, 11710 8. m.; 1:40, 3:40, Leave In Effect | san Ammive San Francisco. |Apr. 28, 1901) San Franciseo. Week | Sun- | Sun- | Week Days. | days. | Destination| days. | Days. 7:30am| 8:00am| Novato, [10:40am| 8:i0am 3:30pm| 9:30am| Petaluma, | 8:05pm/|10:25am 5:10pm| 5:00pm|Santa Rosa.| 7:35pm| 8:20pm 30am) Windaos 10:25am b £ indsor,_ 2 o 5:00pm| Healdsburg. [10:40am ytton, Geyserville, Cloverdale, Hopland | and Ukiah . ] 1 Guerneville. Sonoma, }s:th S:40am an | Glen Eiten. | 6:05pm| 6:200m ] T Sebastopol. | Stages conncct at Santa Rosa for Mark Wes: Springs and White Sulphur Springs; at Fulton for Altrurfa; at Lytton for Lytton Springs; at Geyserville for Skaggs Springs; at Cloverdais for the Geysers: at Hopland for Duncan Springs, Highland Springs, Kelseyviile, Caris- bad Springs, Soda Bay, Lakeport and Bartlett Springs; at Ukiah for Vichy Springs, Saratoga Springs, Blue Lakes, Laurel Dell Lake, Witter Springs, Upper Lake, Pomo. Potter Valley, John Day’s, Riverside. Lierley's, Bucknell's, Springs, Westport, Usal, Willits, Laytonville, Beil's Springs, Harris, Olsen’s, Dyer, Scotia and Eureka. Saturday to Monday round-trip tickets at re- duced rates. On Sundays round-trip tickets to all points beyond San Ratael at half rates Ticket office, 650 Market street, Chronicle building. “H. C. WHITING, R. X. RYAN, Gen. Manag: @en. Pass. Azt er,